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HomeMy WebLinkAboutACE200700004 Offer to Sell Conservation Easement 2009-02-07ej k4, LZ L it ef 4A. ef J I LARRY W. DAVIS COUNTY ATTORNEY GREG KAMPTNER DEPUTY COUNTY ATTORNEY Mr. Peter Dutnell P.O. Box 89 North Garden, VA 22959 -0089 Q, x I l(2C�lN�A COUNTY OF ALBEMARLE Office of County Attorney 401 McIntire Road, Suite 325 Charlottesville, Virginia 22902 -4596 PHONE: (434) 972 -4067 FAX: (434) 972 -4068 February 7, 2009 Re: ACE Program; Invitation of offer to sell conser>ation easement Dear Mr. Dutnell: ANDREW H. HERRICK ANNIE KIM SENIOR ASSISTANT COUNTY ATTORNEYS The Albemarle County Board of Supervisors invites you to offer to sell to the County of Albemarle a conservation easement on those parcels identified as Tax Map 99 Parcels 36C and 38 for a purchase price of $118,000. A copy of the draft deed of easement, setting forth the terms and conditions of the conservation easement, is enclosed for your review. [f you elect to offer to sell the conservation easement to the County. your offer should be received by the County by not later than March 7, 2009. You may use the enclosed offer form and return it in the enclosed self addressed. stamped envelope. Because the enclosed deed of easement is still a draft that requires the insertion of the legal description and may be subject to other minor, non- substantive corrections, please do not sign this draft or return it with the offer to self. If you have any questions about this invitation, your offer, or the proposed deed, please contact either Ches Goodall, the County's ACE Program Coordinator, at 296 -5823; or Larry Davis, County Attorney, or Andy Herrick, Senior Assistant County Attorney, at 972 -4067. Very truly yours, Larry 7Davis County Attorney February 7, 2009 Ches Goodall ACE Program Coordinator Department of Planning and Community Development County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Re: ACEProgram; Offer Po sell conservation easement Dear Mr. Goodall: I offer to sell a conservation easement to the Count, of Albemarle, Virginia for the sum of $118.000, on those parcels identified as Tax Map 99 Parcels 36C and 38, subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation of offer to sell. This offer is made with the assurance that all title issues will be addressed to the satisfaction of the County so that title is clear and the County may obtain title insurance. Very truly yours, Peter Dutnell LARRY W. DAVIS COUNTY ATTORNEY GREG KAMPTNER DEPUTY COUNTY ATTORNEY Mr. Peter Dutnell P.O. Box 89 North Garden, VA 22959 -0089 Re: Upcoming ACE closing Dear Mr. Dutnell: 1W COUNTY OF ALBEMARLE Office of County Attorney 401 McIntire Road, Suite 325 Charlottesville, Virginia 22902 -4596 PHONE: (434) 972 -4067 FAX: (434) 972 -4068 May 7, 2009 ANDREW H. HERRICK ANNIE KIM SENIOR ASSISTANT COUNTY ATTORNEYS We are nearing the sale of your Conservation Easement to the County. This letter is to provide additional background on what to expect. We will be asking you to sign four documents: 1. Actual Deed of Easement a. Because this purchase is subject to a state grant, please note that the proposed Deed has undergone certain revisions, mostly at the state's request. I am sending the latest comparative version (not for signature), which highlights the changes. b. Please note also that the final form of this Deed has yet to be approved by the Public Recreational Facilities Authority (PRFA), who may request further revisions c. Finally, please note that the Deed will require the signatures of the UVA Community Credit Union, which holds an outstanding Deed of Trust on the property, and its Trustee. Let us tmow if you intend to contact the Credit Union for these signatures, or whether you would like our help with that. 2. Owner's Affidavit as to Mechanic's Liens — This document, required by the County's title insurer, certifies that no work has been done on the property in the preceding 123 days and that there are no outstanding claims against the property. 3. HUD -1 Settlement Statement — This accounting shows all expenses and payments made as part of this purchase. At this point, we do not foresee having to deduct any expenses from the sellers (your) side. 4. Request For Taxpayer Identification Number And Certification (Form W -9) — This form is to assist the County's required reporting of this transaction to the IRS. Mr. Peter Dutnell May 7, 2009 Page 2 I have enclosed copies of all four documents for your review prior to closing. We'll go over the documents at closing, as well. Please bring a photo ID, such as a driver's license, with you to closing, so that our secretary will be able to notarize your signatures. After you have signed all the documents, we will send the Deed to our title insurance company to record at the County Courthouse. Once the Deed has been confirmed recorded, hopefully later that day or the following business day, we can disburse payment to you. You are welcome to contact me with any questions or to review these documents with an attorney of your own choosing. Please contact me when you are ready to proceed. Thank you for your participation in this program. I look forward to meeting you. Sincerely, w Andrew H. Herrick Assistant County Attorney Cc: Ches Goodall (w /o enclosures) Scott Clark (w /o enclosures)